Attorneys/Judges
| Prosecutor(s): | Paul Guthrie | | Judge(s): | Laura Ellison |
Animals found decapitated
Lawndale, CA (US)Incident Date: Tuesday, Jan 17, 2006
County: Los Angeles
Charges: Felony CTA
Disposition: Alleged
Alleged: Rafael Giralt
A Lawndale man who told a detective that the decapitated animals found around his home died in religious sacrifices will stand trial for animal cruelty, a judge decided on Oct 29, 2008.
The case against Rafael Giralt, 58, could raise some freedom of religion issues, especially since there are conflicting laws regarding animal sacrifices in religious practice.
An anonymous tip on Jan. 17, 2006, brought a Lawndale animal control officer to the home Giralt rents in the 14700 block of Mansel Avenue.
Animal control officer Kathleen Russell testified during Giralt's preliminary hearing that no one was home, but she and a colleague found animal carcases in bags and boxes behind the residence.
Decapitated pigeons, chickens, baby chicks and goats were among the grisly find, Russell said. They also found a goat that was missing his head and legs, Russell said.
Glass candles, corn and blood were seen on the concrete around the home, she added during questioning by Deputy District Attorney Paul Guthrie.
On Jan. 20, 2006, Giralt told Detective Mario Jimenez that he practices Santeria, a centuries-old religion that blends African and Catholic beliefs and is primarily practiced by those that hail from the Caribbean.
Jimenez testified that Giralt told him he is from Cuba and is a high priest in the Santeria religion.
Giralt said he sacrifices animals in a humane way as part of healing rituals and in prayers to God, Jimenez said.
Normally, Giralt either eats the animals' remains or returns them to the store where he gets credit for more animals, Jimenez said.
However, on that week, he was in a rush and leaving town, so didn't have the time to cook or sell the corpses, Jimenez said.
If an animal is killed in a humane way and then consumed, then it is generally not considered cruelty to animals - like hunting.
Giralt's attorney, Deputy Public Defender Michael Powell, argued that the case should be reduced to a misdemeanor or dismissed because his client was acting in accordance with his religious traditions.
"Whether it was a legitimate religious practice is debatable," Torrance Superior Court Judge Laura Ellison said.
Ellison said maybe a jury would find that Giralt was acting within cultural norms. However, based on the number of animals and the way they were disposed of, Ellison believed there is enough evidence to hold Giralt for trial.
"He is subject to the culture and laws of this county and this state in which he lives," Ellison said.
Giralt, who is out of jail on $20,000 bail, returns to court Nov. 12.
The U.S. Supreme Court held in 1993 that a ban on animal sacrifices for religious purpose and consumption was unconstitutional.
That same year, Congress passed a conflicting law that calls for strict standards on when sacrificing animals is appropriate.
A rift still remains between the courts and Congress, as well as the states and the federal government on the issue, Guthrie said.
Giralt was charged on March 23, 2006, but failed to appear in court. A warrant was issued for his arrest, and he was taken into custody on Oct. 14, according to prosecutors. References« CA State Animal Cruelty Map
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